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CIRCULAR No

CIRCULAR No. 04/1999/TT-TCTK OF OCTOBER 19, 1999 GUIDING THE IMPLEMENTATION OF THE GOVERNMENT’S DECREE No. 93/1999/ND-CP OF SEPTEMBER 7, 1999 ON SANCTIONING ADMINISTRATIVE VIOLATIONS IN THE FIELD OF STATISTICS

In execution of the Government’s Decree No. 93/1999/ND-CP of September 7, 1999 on sanctioning administrative violations in the field of statistics, the General Department of Statistics hereby guides the implementation as follows:

I. GENERAL PROVISIONS

1. Administrative violations in the field of statistics

Administrative violations in the field of statistics are acts committed by individuals or organizations, in contravention of the State’s statistical principles and regime, which are not serious enough for being examined for penal liability but must be administratively sanctioned according to the provisions of the Government’s Decree No. 93/1999/ND-CP of September 7, 1999.

2. Objects of administrative sanctions in the field of statistics

a/ Officials who lead, direct and/or conduct the statistical work; Vietnamese citizens aged 18 or more (hereafter referred collectively to as individuals), who commit administrative violations in the field of statistics shall be sanctioned according to the Government’s Decree No. 93/1999/ND-CP of September 7, 1999 and the provisions of this Circular.

b/ State agencies, economic organizations (including enterprises of all economic sectors), political organizations, socio-political organizations, social organizations and non-business units (hereafter referred collectively to as organizations) that commit administrative violations in the field of statistics shall be sanctioned according to the Government’s Decree No. 93/1999/ND-CP of September 7, 1999 and the provisions of this Circular.

c/ Foreign individuals and organizations that have to follow the statistical regime prescribed by Vietnamese law, if committing administrative violations in the field of statistics, shall be sanctioned like Vietnamese individuals and organizations according to the Government’s Decree No. 93/1999/ND-CP of September 7, 1999 and the provisions of this Circular, except otherwise provided for by international agreements which Vietnam has signed or acceded to.

3. Principles of sanctioning administrative violations in the field of statistics

The principles of sanctioning administrative violations in the field of statistics shall comply with Article 3 of the Ordinance on Handling of Administrative Violations of July 6, 1995 and Article 2 of the Government’s Decree No. 93/1999/ND-CP of September 7, 1999 on sanctioning administrative violations in the field of statistics. More concretely:

a/ The sanctioning of administrative violations in the field of statistics must be effected by the competent persons defined in Articles 12, 13, 14 and 15 of the Government’s Decree No. 93/1999/ND-CP of September 7, 1999 on sanctioning administrative violations in the field of statistics. They are the statistical specialized inspectors, the statistical specialized chief inspectors of provincial- and central levels, the presidents of the district- and provincial-level People’s Committees.

b/ All administrative violations in the field of statistics, when detected, must be stopped immediately and handled in a quick and fair manner. Together with the sanctioning, the violations must be immediately redressed by re-starting the proper statistical regimes as prescribed.

c/ An administrative violation in the field of statistics shall be sanctioned only once. An individual or organization that commits more than one administrative violation shall be sanctioned for each of such violations. If more than one individual and/or organization commit an administrative violation, each of such individuals and/or organizations shall be sanctioned.

d/ The sanctioning of an administrative violation in the field of statistics must be based on the nature and seriousness of such violation, the violator’s personal background as well as the extenuating and aggravating circumstances stipulated in Articles 7 and 8 of the Ordinance on Handling of Administrative Violations as well as the provisions of this Circular so as to decide the appropriate form and level of sanction.

d.1. Cases where levels of sanction against administrative violations in the field of statistics may be reduced:

- The violating individuals or organizations consciously redress the violations and overcome the consequences thereof.

- The violations have been committed under the circumstances of natural calamities or fires.

- The violations have been committed due to the violators’ professional limitations or failure to get the statistical training, fostering or guidance, which is certified by the statistical agencies of different levels.

d.2. Cases where levels of sanction against administrative violations in the field of statistics may be increased:

- The violations have been committed in an organized manner.

- A violator commits more than one violation or a violation has been repeated.

- The violators deliberately do not report or repeatedly make false reports for many periods.

- The violators deliberately wrongly apply the method of calculating the statistical norms and/or wrongly implement the regulations of the statistical survey plans, which are repeated despite warning.

- The violators abuse their positions and/or powers to commit violations or coerce other persons to commit violations.

- The violators take advantage of objective circumstances like natural calamities, fires… to commit violations.

- The violators commit violations while executing the previous sanctioning decisions on statistics.

- The violators commit acts of avoiding and/or covering violations.

e/ It is strictly forbidden to withhold cases of violation with signs of criminal offenses for administrative sanctions such as acts of intentionally making false reports on socio-economic situation, thus causing serious consequences.

f/ Where a violations is committed by an organization, such organization shall be sanctioned. The sanctioned organization shall have to abide by the sanctioning decision and at the same time define faults of each person who has directly committed the administrative violation so that the latter may be disciplined and/or compensate for the fine the organization has paid.

g/ The procedures for sanctioning administrative violations in the field of statistics shall comply with Article 16 of the Government’s Decree No. 93/1999/ND-CP of September 7, 1999 on sanctioning administrative violations in the field of statistics.

h/ When deciding to sanction a person or an organization that has committed more than one administrative violation, the competent person shall decide the form of sanction for each of the violations; if fines are imposed, they must be added up into the total fine amount.

Example: In enterprise X, when inspecting the observance of the statistical reporting regime in 1998, the following violations are detected:

- The use of biannual report form other than that prescribed by the State statistical regime. However, since the violation was committed for the first time, the fine level shall be 300,000 VND (the fine bracket of from 100,000 VND to 500,000 VND as stipulated in Item 1.1, Part II of this Circular);

- The annual report was submitted 30 days later than schedule, which is subject to a fine of 1,000,000 VND (the fine bracket of from 1,000,000 VND to 2,000,000 VND as stipulated at Point a, Item 4.2, Part II of this Circular);

- The 1998 turnover report is 15% lower than the actual turnover, which is subject to a fine of 3,500,000 VND (the fine bracket of from 2,000,000 VND to 5,000,000 VND as stipulated in Item 3.1, Part II of this Circular).

The total fine amount for the three above violations for enterprise X is:

300,000 + 1,000,000 + 3,500,000 = 4,800,000 VND.

4. Statute of limitations for sanctions

a/ The statute of limitations for sanctioning an administrative violation in the field of statistics shall be one (1) year after such violation is committed. Where the statute of limitations for sanctioning an administrative violation in the field of statistics has expired, such violation shall not be sanctioned.

Example: Enterprise Y fails to make statistical reports for the first quarter of 1998. The statute of limitations for sanction shall last from the first quarter of 1998 to the end of the first quarter of 1999. After the first quarter of 1999, even though it may be found that enterprise Y has failed to make report for the first quarter of 1998, such enterprise shall not be sanctioned.

b/ In cases where an individual is prosecuted or is, by a decision, brought to trial according to the criminal procedures and there’s a decision to suspend the investigation or the case itself, if such individual’s act shows signs of an administrative violation in the field of statistics, he/she shall be administratively sanctioned according to the provisions of the Government’s Decree No. 93/1999/ND-CP of September 7, 1999 and guidances in this Circular; the statute of limitations for sanctioning the administrative violation in this case shall be three (3) months after the above-said suspension decision is issued.

5. Sanctioning forms

a/ For each administrative violation in the field of statistics, the violating individual or organization shall be subject to either of the two main sanctioning forms of warning or fine.

b/ Depending on the nature and seriousness of his/her/its violation, the individual or organization that commits administrative violation in the field of statistics may also be subject to one or a number of forms of additional sanctioning forms and other handling measures stipulated in Clauses 2 and 3, Article 11 of the Ordinance on Handling of Administrative Violations as well as Articles 5, 6, 7, 8, 9, 10 and 11 of the Government’s Decree No. 93/1999/ND-CP of September 7, 1999 on sanctioning administrative violations in the field of statistics.

6. Cases not subject to administrative sanctions in the field of statistics

a/ The statute of limitations for sanctioning an administrative violation has expired: one year after the violation was committed or 3 months after the decision on suspension of investigation or criminal case was issued.

b/ The violation shows signs of a criminal offense and the dossier has been transferred to the competent agency for examination of penal liability.

c/ The violator is not old enough for being administratively sanctioned as prescribed by law.

II. ACTS OF ADMINISTRATIVE VIOLATION IN THE FIELD OF STATISTICS AND SANCTIONING LEVELS

Pursuant to the provisions from Article 5 to Article 11 of the Government’s Decree No. 93/1999/ND-CP of September 7, 1999, administrative violations in the field of statistics and sanctioning levels are stipulated as follows:

1. Violation of regulations on the use of statistical forms

1.1. Warning or a fine of from 100,000 VND to 500,000 VND for acts of using statistical forms, which are not issued by the competent agencies or have expired in terms of their use duration according to regulations, including forms of statistical reports, survey cards, questionnaires, reports on survey results as well as other regulations of the statistical survey plans.

1.2. A fine of from over 500,000 VND to 1,000,000 VND for act of repeating the violations mentioned in Item 1.1 above.

1.3. Applying additional handling measures: Forcing the cancellation of the statistical form(s) being in use; re-making the statistical reports in strict compliance with the set forms and sending them to the competent agencies within the time-limit stated in the sanctioning decision.

2. Violations in the issue, supplementing and/or amendment of the statistical regime

Organizations and/or individuals that are not competent to issue the statistical regime but issue, supplement and/or amend the State’s statistical regime without permission or force other persons to do so shall all be administratively sanctioned according to the provisions of Article 6 of the Government’s Decree No. 93/1999/ND-CP of September 7, 1999 on sanctioning administrative violations in the field of statistics.

2.1. A fine of from 1,000,000 VND to 4,000,000 VND for act of deliberately supplementing and/or amending forms of statistical reports, statistical classification tables, statistical survey plans and contents of legal documents guiding the statistical work; method of calculating economic and social statistical norms, which are contrary to the State’s current statistical regime.

2.2. A fine of from over 3,000,000 VND to 4,000,000 VND for act of compelling other persons to commit violations stipulated in Item 2.1 above.

2.3. A fine of from over 4,000,000 VND to 5,000,000 VND for act of issuing a system of statistical norms, statistical reporting regime or statistical survey plans according to competence but without the written approval of the General Department of Statistics.

2.4. A fine of from over 5,000,000 VND to 7,000,000 VND for act of issuing a system of statistical norms, statistical reporting regime or statistical survey plans ultra vires or in contravention of the State’s current statistical regime.

2.5. Applying additional handling measures: Abrogating and withdrawing the statistical forms and/or statistical survey plans, which have been issued, supplemented and/or amended ultra vires or in contravention of the State’s current statistical regime.

3. Falsely reporting and declaring statistical data

Generally speaking, the State’s current statistical reporting and surveying regimes fail to prescribe the permitted rate of errors. Therefor, it is necessary to base on the difference between the reported data and the actual ones so as to apply the appropriate sanctioning forms and levels.

Where the statistical reporting and surveying regimes defines the permitted rate of errors, the error of the reported data and the permitted errors shall serve as basis for the application of appropriate sanctioning forms and levels.

The concrete levels of sanction are as follows:

3.1. A fine of from 2,000,000 VND to 5,000,000 VND for act of reporting data lower or higher than the actual ones or in excess of the permitted rate of statistical errors.

3.2. A fine of from over 5,000,000 VND to 7,000,000 VND for act of deliberately making false reports on the actual number and value of the arising socio-economic phenomena.

3.3. A fine of from over 7,000,000 VND to 20,000,000 VND for act of repeating the violations mentioned in Items 3.1. and 3.2. above or falsely declaring, compelling others to falsely declare and/or report statistical data.

a/ A fine of from over 7,000,000 VND to 10,000,000 VND for act of repeating the violation mentioned in Item 3.1. above.

b/ A fine of from over 10,000,000 VND to 15,000,000 VND for act of repeating the violation mentioned in Item 3.2 above.

c/ A fine of from over 15,000,000 VND to 20,000,000 VND for act of falsely declaring or compelling others to falsely declare and report statistical data.

3.4. Applying additional handling measures: Re-making the statistical reports true to the arising socio-economic phenomena in strict compliance with the statistical method and sending them to competent bodies within the time-limit stated in the sanctioning decision.

4. Failing to submit statistical reports in time and adequately

The submission of statistical reports mentioned in Article 8 of Decree No. 93/1999/ND-CP of September 7, 1999 includes the direct submission and submission by mail.

4.1. Warning or a fine of from 200,000 VND to 1,000,000 VND for one of the following acts:

a/ Warning for act of delaying the submission for under 5 days for monthly reports, under 10 days for quarterly, 6-month and 9-month reports and under 15 days for annual reports.

b/ A fine of from 200,000 VND to 1,000,000 VND for one of the following acts:

b.1. Delaying the submission of statistical reports for from 5 to under 20 days for monthly reports, from 10 to under 20 days for quarterly, 6-month and 9-month reports and from 15 to under 30 days for annual reports.

b.2. The reports fail to include adequate statistical forms and norms of the monthly or quarterly reporting period.

4.2. A fine of from over 1,000,000 VND to 3,000,000 VND for one of the following acts:

a/ A fine of from over 1,000,000 VND to 2,000,000 VND for one of the following acts:

a.1. Delaying the submission of statistical reports for from 20 to under 30 days for monthly, quarterly, 6-month and 9-month reports, and from 30 to under 45 days for annual reports;

a.2. The reports fail to include adequate statistical forms and norms of the 6-month, 9-month or annual reporting period.

b/ A fine of from over 2,000,000 VND to 3,000,000 VND for act of delaying the submission of statistical reports for from 30 to under 45 days of the quarterly, 6-month or 9-month reporting period and for from 45 days to under 60 days of the annual reporting period.

The number of periods/forms/norms which are insufficiently and late reported as compared with the prescribed regime shall serve as basis for application of the appropriate sanctioning levels ranging from the minimum to the maximum of the fine brackets.

4.3. A fine of from over 3,000,000 VND to 10,000,000 VND for act of failing to make statistical reports; act of failing to submit monthly reports within 30 days, quarterly, 6-month and 9-month reports within 45 days and annual reports within 60 days as prescribed shall be considered act of failing to make statistical reports.

The concrete sanctioning levels are as follows:

a/ A fine of from over 3,000,000 VND to 4,000,000 VND for act of failing to make monthly statistical reports;

b/ A fine of from over 4,000,000 VND to 6,000,000 VND for act of failing to make quarterly, 6-month and 9-month statistical reports;

c/ A fine of from over 6,000,000 VND to 10,000,000 VND for act of failing to make annual statistical reports.

4.4. Applying additional handling measures: Re-making the statistical reports true to the arising socio-economic phenomena in strict compliance with the statistical methods and sending them to the competent bodies within the time-limit stated in the sanctioning decisions.

5. Violating the statistical method

The administrative violations mentioned in Article 9 "Violating the statistical method" of the Government’s Decree No. 93/1999/ND-CP include violations of the principles of data recording, method for calculation of norms in the statistical reporting regime and violations of the regulations in the statistical survey plans.

5.1. Warning or a fine of from 200,000 VND to 1,000,000 VND for act of recording data unclearly, correcting or erasing statistical data and/or documents.

5.2. A fine of from over 1,000,000 VND to 5,000,000 VND for act of wrongly applying methods of calculating statistical norms as well as the statistical survey plans.

5.3. A fine of from over 5,000,000 to 15,000,000 VND for act of wrongly applying with intention or coercing others to wrongly apply the methods of calculating the statistical norms as well as the statistical survey plans.

a/ A fine of from over 5,000,000 VND to 7,000,000 VND for act of wrongly applying with intention methods of calculating the statistical norms as well as the statistical survey plans;

b/ A fine of from over 7,000,000 VND to 10,000,000 VND for acts of coercing others to wrongly apply methods of calculating the statistical norms as well as the statistical survey plans;

c/ A fine of from over 10,000,000 VND to 15,000,000 VND for repeated act of coercing others to wrongly apply methods of calculating the statistical norms as well as the statistical survey plans.

5.4. Applying additional handling measures: Forcing the re- survey and re-calculation in strict compliance with the set statistical method; re-making the statistical reports and sending them to the competent bodies within the time-limits stated in the sanctioning decisions.

6. Violating the regimes of supplying and publicizing statistical data and documents

The scope of sanctioning administrative violations in this Item 6 shall not cover the statistical data and documents on the list of the State’s secrets.

The statistical data and documents which are not yet allowed to be publicized and declassified:

- The initial single statistical materials collected from the reports and survey cards of units, family households and individuals;

- The statistical materials being processed and/or synthesized and having not been publicized and declassified yet;

- Other statistical data and documents which must not be publicized according to the current stipulations of the State.

6.1. Warning or a fine of from 100,000 VND to 500,000 VND for act of supplying inadequate and inaccurate statistical data and documents at the lawful request of competent persons.

a/ Warning for act of supplying inadequate statistical data and documents;

b/ A fine of from 100,000 VND to 500,000 VND for act of supplying inaccurate statistical data and documents.

6.2. A fine of from over 500,000 VND to 2,000,000 VND for one of the following acts:

a/ A fine of from over 500,000 VND to 1,000,000 VND for act of obstructing or delaying the supply of statistical data and documents at the lawful request of competent persons.

b/ A fine of from over 1,000,000 VND to 2,000,000 VND for acts of refusing to supply statistical data and documents at the lawful request of competent persons.

6.3. A fine of from 5,000,000 VND to 15,000,000 VND for act of promulgating or publicizing statistical data and documents which, according to the regulations, are not yet allowed to be promulgated or publicized and the statistical data which have not yet been declassified.

a/ A fine of from 5,000,000 VND to 10,000,000 VND for act of correcting, calculating and/or adjusting the State’s statistical information without permission for popularization and/or publishing on the mass media.

b/ A fine of from over 10,000,000 VND to 15,000,000 VND for act of supplying, publicizing statistical data and documents, which, according to the regulations, are not yet allowed to be promulgated or publicized and declassified.

6.4. Applying additional handling measures: Forcing the supply of statistical data and documents for competent agencies and/or persons; correcting the already publicized statistical data and documents mentioned at Points a and b, Item 6.3 above.

7. Violating regulations on preservation of statistical data and documents

The regime and time-limit for preservation of statistical data and documents stipulated in the current decisions of the competent agencies shall serve as basis for comparison in inspection and handling.

The statistical data and documents mentioned in this Item 7 include: statistical survey cards, statistical handbooks, statistical reports and other statistical documents available on the information bearing objects.

The concrete sanctioning level for each violation is as follows:

7.1. A fine of from 200,000 VND to 1,000,000 VND for act of letting statistical data and documents be damaged, which, however, may be restored.

7.2. A fine of from over 1,000,000 VND to 3,000,000 VND for act of letting statistical data and documents be damaged to the extent that they cannot be restored;

7.3. A fine of from over 3,000,000 VND to 5,000,000 VND for act of mislaying statistical data and documents.

7.4. A fine of from over 5,000,000 VND to 8,000,000 VND for act of destroying statistical data and documents before the prescribed year of expiry.

7.5. A fine of from over 8,000,000 VND to 15,000,000 VND for act of coercing others to destroy statistical data and documents before the prescribed year of expiry.

7.6. Applying additional handling measures: Forcing the restoration of statistical data and documents which can be restored; as well as the preservation of statistical data and documents in strict compliance with the regulations of the State.

III. SANCTIONING COMPETENCE AND PROCEDURES; COMPLAINTS, DENUNCIATIONS AND HANDLING OF VIOLATIONS IN SANCTIONING ADMINISTRATIVE VIOLATIONS IN THE FIELD OF STATISTICS

1. Competence for sanctioning administrative violations

1.1. The competence for sanctioning administrative violations in the field of statistics shall comply with the provisions of Articles 12, 13, 14 and 15 of the Government’s Decree No. 93/1999/ND-CP of September 7, 1999.

a/ The statistical inspectorate’s competence shall comply with the provisions of Article 12 of the Government’s Decree No. 93/1999/ND-CP of September 7, 1999. The persons having the sanctioning competence are:

a.1. Inspectors, principal inspectors and senior inspectors of the General Department of Statistics and Departments of Statistics of the provinces and centrally-run cities;

a.2. Chief inspectors of the Departments of Statistics of the provinces and centrally-run cities;

a.3. Chief inspector of the General Department of Statistics.

b/ The competence of the presidents of the district- and provincial-level People’s Committees shall comply with the provisions of Article 13 of the Government’s Decree No. 93/1999/ND-CP of September 7, 1999.

c/ Authorization to sanction administrative violations in the field of statistics

Where a person competent to sanction administrative violations in the field of statistics defined at Points a.2 and a.3 above is absent or under his/her authorization, his/her deputy may sanction administrative violations according to the head’s competence.

d/ The determination of competence to sanction administrative violations in the field of statistics shall comply with the provisions of Article 15 of the Government’s Decree No. 93/1999/ND-CP of September 7, 1999. More concretely:

- The district- and provincial-level People’s Committees shall be competent to sanction administrative violations in the field of statistics in their respective localities.

- The inspectorate of the General Department of Statistics shall be competent to sanction administrative violations in the field of statistics in the whole country;

- The inspectorates of the Departments of Statistics of the provinces or centrally-run cities shall be competent to sanction administrative violations in the field of statistics within the territories of their respective provinces or cities.

- In cases where an administrative violation in the field of statistics falls under the sanctioning competence of more than one agency, it shall be sanctioned by the agency which has received and processed the case first.

1.2. If the statistical officials of different levels and branches, while on duty, detect administrative violations in the field of statistics, they shall have to make the records thereon and send them to the persons or agencies with handling competence as mentioned in Item 1.1 above.

1.3. All citizens have the right to denounce administrative violations in the field of statistics to the competent persons or agencies. The agencies and persons with sanctioning competence shall have to promptly handle the violations according to the provisions of law.

2. Procedures for sanctioning administrative violations in the field of statistics

The procedures for sanctioning administrative violations in the field of statistics shall comply with the provisions of Chapter VI of the Ordinance on Handling of Administrative Violations of July 6, 1995 and the following guidance:

2.1. When detecting or receiving reports on administrative violations in the field of statistics, the competent persons shall have to issue decisions to immediately suspend the violations and make records on the administrative violations in the field of statistics.

2.2. During the examination or inspection of the observance of statistical regime, beside making reports on the examination/inspection conclusions, the heads of inspection teams or inspectors shall also have to make records on administrative violations in the field of statistics for violating individuals or organizations.

2.3. Basing themselves on the records on administrative violations, the persons competent to sanction administrative violations in the field of statistics shall, within the prescribed time-limit, issue sanctioning decisions in either of the two main forms: warning or fine and apply additional handling measures as stipulated in the Government’s Decree No.93/1999/ND-CP of September 7, 1999 as well as in this Circular on sanctioning administrative violations in the field of statistics.

2.4. The records on administrative violations and decisions on sanctioning administrative violations in the field of statistics must be made in accordance with the set forms and sent to the address specified in this Circular.

All decisions on sanctioning administrative violations in the field of statistics must be made in writing.

A copy of each decision on a fine of 2,000,000 VND or more must be sent to the People’s Procuracy of the same level.

2.5. The fine amount collected from sanctioning administrative violations in the field of statistics must be remitted into the State Treasury.

The fined individuals and organizations shall have to pay fines at places stated in the sanctioning decisions and be given the receipts therefor. To strictly prohibit the collection of fines on the spot.

The management of fine receipts as well as the collection and use of fines on administrative violations shall comply with the Finance Ministry’s current regulations.

2.6. The execution of sanctioning decisions; the coercive execution of sanctioning decisions; the transfer of violation dossiers for penal liability examination and the statute of limitations for enforcement of sanctioning decisions shall comply with Articles 17, 18 and 20 of the Government’s Decree No. 93/1999/ND-CP of September 7, 1999 on sanctioning administrative violations in the field of statistics as well as Articles 53, 54, 55 and 56 of the Ordinance on Handling of Administrative Violations of July 6, 1995.

3. Complaints, denunciations and the settlement of complaints and denunciations about decisions on sanctioning administrative violations

3.1. The complaints and denunciations as well as the settlement of complaints and denunciations about decisions on sanctioning administrative violations in the field of statistics stipulated in Article 21 of the Government’s Decree No. 93/1999/ND-CP of September 7, 1999 shall comply with the Law on Complaints and Denunciations of December 2, 1998.

3.2. Competence to settle complaints

a/ The presidents of the district-level People’s Committees shall settle complaints about their decisions on sanctioning administrative violations in the field of statistics.

The presidents of the provincial-level People’s Committees shall settle complaints about their own decisions and about the first-time complaint settlement decisions of the presidents of the district-level People’s Committees on sanctioning administrative violations in the field of statistics.

b/ The statistical specialized chief inspector shall settle complaints about his/her decisions as well as the decisions of inspectors of the same level on sanctioning administrative violations in the field of statistics;

c/ The head of the Department of Statistics of a province or centrally-run city shall settle complaints about the first-time complaint settlement decisions of the chief inspector of the Department of Statistics on sanctioning administrative violations in the field of statistics;

d/ The General Director of Statistics shall, according to his/her functions and powers on the State management over statistics, settle complaints about the first-time complaint settlement decisions of the presidents of the People’s Committees of the provinces and centrally-run cities; of the heads of the Departments of Statistics of the provinces and centrally-run cities; and of the chief inspector of the General Department of Statistics, on sanctioning administrative violations in the field of statistics.

4. Handling of violations

The handling of violations in sanctioning administrative violations in the field of statistics shall comply with the provisions of Articles 19 and 22 of the Government’s Decree No.93/1999/ND-CP of September 7, 1999 on sanctioning administrative violations in the field of statistics. More concretely:

4.1. If the persons competent to sanction administrative violations in the field of statistics commit acts of harassing, tolerating, covering, not handling, untimely or improperly handling or handling ultra vires violations, they shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability, and, if causing material damage, pay compensation as prescribed by law.

4.2. If the persons administratively sanctioned in the field of statistics commit acts of opposing officials on duty, delaying or evading the execution of the sanctioning decisions or commit other violations, they shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability, and, if causing material damage, pay compensation as prescribed by law.

4.3. The administrative sanctions against act of opposing officials on duty in the field of statistics shall comply with Article 92 of the Ordinance on Handling of Administrative Violations as well as the provisions at Points a and b, Clause 2; Point c, Clause 3, Article 5 of the Government’s Decree No. 49/CP of August 15, 1996 on sanctioning administrative violations in the field of security and order.

IV. ORGANIZATION OF IMPLEMENTATION

1. The ministries, the ministerial-level agencies, the agencies attached to the Government, the People’s Committees of the provinces and centrally-run cities shall have to organize the implementation of this Circular.

2. The statistical agencies and inspectorates of different levels shall have to coordinate with the concerned branches in organizing and inspecting the implementation of the Government’s Decree No. 93/1999/ND-CP of September 7, 1999 as well as this Circular on sanctioning administrative violations in the field of statistics.

3. This Circular takes effect as from the date of its promulgation. The earlier provisions which are contrary to this Circular are all now annulled. In the course of implementation, if any problems arise, they must be reported to the General Department of Statistics for appropriate amendments and/or supplements.

General Director of Statistics
LE VAN TOAN